Item 16 - Agreement for River View Golf Course Managment Services

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ARTICLE 10 - DAMAGE OR DESTRUCTION; EMINENT DOMAIN 10.1 Damage or Destruction. Should the Facility be destroyed or substantially damaged by fire, flood or other casualty, City, by written notice to Contractor given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section, the Facility shall be deemed to have been substantially damaged if, in the reasonable opinion of City, full and productive economic use of the Facility cannot be made and the estimated length of time required to restore the Facility substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months. If this Agreement is not terminated in the event of damage to the Facility because the damage does not amount to substantial damage as described above, then City shall proceed with all due diligence to commence and complete restoration of the Facility to its condition and character just prior to the occurrence of such casualty. ARTICLE 11 - CAPITAL IMPROVEMENTS 11.1 Capital Improvements. Any Major Capital Improvement performed by independent contractors in excess of $25,000 shall be subject to California prevailing wage law, codified at California Labor Code Section 1782, et seq., as it may be amended from time to time. Any Major Capital Improvement project in excess of $25,000 shall be administered by City in accordance with City's procurement ordinances, City's processes and procedures, and all applicable local, state, and/or federal laws. Contractor shall have no authority to enter into separate agreements with independent contractors for Major Capital Improvements (regardless of project cost). However, in the event City desires Contractor to become involved in any capacity in a Major Capital Improvement project (regardless of project cost), City shall notify Contractor in writing of its intent to utilize Contractor's services as set forth in Section 3.6 of this Agreement. Any non -Major Capital Improvement performed by independent contractors in excess of $15,000 shall be subject to California prevailing wage law, codified at California Labor Code Section 1782, et seq., as it may be amended from time to time. Any non -Major Capital Improvement project in excess of $15,000 shall be administered by City in accordance with City's procurement ordinances, City's processes and procedures, and all applicable local, state, and/or federal state laws. Contractor shall have no authority to enter into separate agreements with independent contractors for non -Major Capital Improvements (regardless of project cost). However, in the event City desires Contractor to become involved in any capacity in a non -Major Capital Improvement project (regardless of project cost), City shall notify Contractor in writing of its intent to utilize Contractor's services as set forth in Section 3.6 of this Agreement. Notwithstanding the above, Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Contractor agrees to fully comply with such applicable -25-